Terms of Service

These Terms of Service are effective as of February 25, 2010.

1. Introduction

Welcome to The Columbian Publishing Company’s network of Web sites (“sites”). These sites are owned and operated by The Columbian Publishing Company. The sites provide you with various publishing and community services such as the ability to post information and reviews to a Web page and participate in online discussions (“Services”). Your use of the sites and the Services is subject to the following terms of service. If you are not willing to follow these terms of service, please do not use these sites.

2. Copyright and Ownership

All of the content featured or displayed on these sites, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by The Columbian Publishing Company, its licensors and/or its content providers. All elements of the sites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with The Columbian Publishing Company or one of its subsidiaries, no portion or element of the sites or its Content may be copied or retransmitted via any means and the sites, their Content and all related rights shall remain the exclusive property of The Columbian Publishing Company or its licensors unless otherwise expressly agreed.

3. License

User published content remains the intellectual property of the individual user. By posting content on our sites, you grant The Columbian Publishing Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called “moral rights” in those materials have been waived. You are responsible for any releases, clearances and permissions (including those relating to privacy and rights of publicity) necessary for The Columbian Publishing Company to post the content and exercise its rights under this paragraph.

4. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

In operating the sites, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the sites. If you believe any material available via the sites infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is: Craig Brown, Editor, PO Box 180, Vancouver, WA 98660.

5. Restricted Content and Activities

The Services and the sites may only be used for the intended purpose for which such sites and Services are being made available. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our services.

Except as may be otherwise indicated in specific documents within the sites, you are authorized to view, play, print and download documents, audio and video found on our sites for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the sites. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the sites. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on these sites.

In the event you download software from the sites, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “software”) are licensed to you by The Columbian Publishing Company or its licensors. The Columbian Publishing Company does not transfer title of the software to you. You own the medium on which the software is recorded, but The Columbian Publishing Company retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.

You agree that you will not use the sites or any services offered on the sites to post, upload or distribute any of the following:

• Offensive language, such as profanities and expletives; sexually explicit or pornographic material; hate speech; defamatory, abusive, threatening or harassing speech; or racial, religious or personal attacks of any kind. The Columbian Publishing Company news editors reserve the right to publish questionable phrases necessary to serve an important journalistic purpose, but that right does not extend to material you upload on our sites.
• Material which infringes upon the copyright, trademark, patent, trade secret or other proprietary rights or rights of publicity or privacy of third parties
• Multimedia content of any kind, such as still photographs, audio and video files, except when invited to do so by the site
• Promotion of any activity that may be found illegal at the local, state or federal level or any content that is itself illegal in any way
• Direct links to or descriptions of goods and services that are prohibited under these terms of service
• Commercial content of any kind, including but not limited to graphic and text advertisements, chain letters, spam offers, surveys, contests, or any clear promotion of commercial interests beyond appropriate discussion of site content or outside the context of specifically placing an online classified ad
• Content that is untrue, inaccurate, deliberately misleading, or trade libelous
• Executable programming of any kind, such as viruses, worms, Trojan horses, spyware, time bombs, cancelbots, easter eggs, or any form of malicious or benign computer programming whatsoever
• Encrypted content or content that can be demonstrated to contain encoded messages
• Content in any language other than English if an accurate, reliable translation cannot reasonably be acquired
• Identifiable impersonations of another individual, by false representations in the text, by creating a misleading screen name that misrepresents the poster’s identity in an identifiable fashion, or by utilizing another individual’s account to post, with or without that individual’s knowledge
• Content that creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other partners or suppliers

6. Corporate Identification, Site Content and Trademarks

All trademarks, service marks and trade names of The Columbian Publishing Company and its partners and licensors used herein (including but not limited to: The Columbian Publishing Company, The Columbian Publishing Company corporate logo, and the associated designs and logos) (collectively “Marks”) are trademarks or registered trademarks of The Columbian Publishing Company or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Web site, without The Columbian Publishing Company’s prior written consent. The use of the Marks on any other Web site or network computer environment is not allowed. You may not use the Marks as a link on or to any other Web site unless establishment of such a link is approved in advance.

7. Right to Remove Content or Block Access

The Columbian Publishing Company may, at its discretion but without any obligation, remove content that does not meet these guidelines or is otherwise inappropriate, according to its sole interpretation, and may also remove all other content by that user, disable a user’s account, and otherwise seek to prevent that user from utilizing our services. The Columbian Publishing Company may also, at its discretion, disable and suppress content from any account where the chosen screen name is deemed to be offensive or inappropriate, or is a violation of trademark or copyright. We may take these actions in the event that (a) you breach these terms of service, including without limitation engaging in any of the restricted activities detailed in section 5); (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

8. Account Security

You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account, except activities instigated by us, either deliberate or inadvertent. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and sites. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Anyone able to provide your personally identifiable information can access your account so you should take reasonable steps to protect this information.

9. Information Control

User published content does not represent the views of The Columbian Publishing Company or any individual associated with The Columbian Publishing Company, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, The Columbian Publishing Company’s endorsement of user published content. The Columbian Publishing Company does not vouch for the accuracy or credibility of any user published content on our sites, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content on our sites. You may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive; there may also be risks of dealing with underage persons, people acting under false pretense, or international trade and foreign nationals. By using our sites, you assume all associated risks.

10. Transactional Partners

In some cases we partner with another company to co-promote their services within our Web sites. Some examples of these are: Hot Jobs, powered by Yahoo Hot Jobs; Death Notices, powered by Legacy.com; and Real estate powered by Pulse.com. In these cases, you are transacting directly with the other party. On those pages, the transactional partner’s brand is clearly visible, and their terms of service are posted. When using these partner pages, you are bound by partner terms of service in addition to remaining bound by The Columbian Publishing Company terms of service; when there is a conflict between The Columbian Publishing Company’s terms of service and partner terms of service, The Columbian Publishing Company terms of service shall be held as the primary, enforceable terms of service.

11. Links to Third Parties

The sites contain hyperlinks to other Web sites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by The Columbian Publishing Company of, or any affiliation with, or endorsement by, the owner of the linked site. The Columbian Publishing Company is not responsible for the contents or use of any linked site, or any consequence of making the link.

12. Fees

The Columbian Publishing Company will collect payment from you when you purchase any products or services sold on the sites. In the event legal action is necessary to collect on balances due, you agree to reimburse The Columbian Publishing Company for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web site.

13. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; or (iii) bypass any measures we may use to prevent or restrict access to the site.

14. Release

In the event that you have a dispute with one or more other users of the sites, you release The Columbian Publishing Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

15. No Warranty

Your use of and browsing of this Web site are at your own risk. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR Web SITES, EVERYTHING ON THE Web SITES AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THE SITES, AND SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THE SITES FOR ANY PURPOSE. THE COLUMBIAN PUBLISHING COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

16. Liability Limit

The Columbian Publishing Company assumes no liability in the event that legal action is taken against you by a third party as a result of content you publish on our site, whether for copyright infringement or any other illegal activity related to your content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Columbian Publishing Company or its affiliates for all claims resulting from content you supply. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITES, ANY CONTENT THEREON, OUR SERVICES OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) OR YOUR USE THEREOF, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF THE COLUMBIAN PUBLISHING COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED FIFTY DOLLARS ($50.00).

17. Indemnity

You agree to defend, indemnify and hold The Columbian Publishing Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the sites or the Internet or the placement or transmission of any message, information, photographs or images on the sites by you or your authorized users or your violation of any law or the rights of a third party.

18. Force Majeure

Neither The Columbian Publishing Company nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

19. Privacy

The Columbian Publishing Company Publishing Co. has created this privacy statement in order to demonstrate our firm commitment to privacy and to inform you about what information we collect about you and how we may disclose your information. The following discloses our information gathering and dissemination practices for this site; www.columbian.com. Note: Any information (including personal information) that you reveal by posting content on our sites or that you decide to share with other on our sites is NOT protected by this policy statement.

Personally identifiably information (or personal information) is information that we collect about you that could be used to identity or contact you. We collect your email address, which is personally identifiable information, if you register to login to the sites. Login registration does not require any other personally identifiable information. Unless otherwise required by law, we will not share your email address with third parties unless you authorize us to do so.

We also collect IP addresses and cookies. We use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is used to help identify you and your shopping cart and to gather broad demographic information. Our site uses cookies to keep track of your shopping cart. We use cookies to deliver content specific to your interests and to save your password so you don’t have to re-enter it each time you visit our site.

We do not share any personal information we receive from you with any other company, unless you authorize us to do so, such as to diagnose a technical problem.

If you wish to change or modify any personally identifiable information you previously provided to us, you may make such a request by either emailing webmaster@columbian.com or mail the request to Online, The Columbian Publishing Co., P.O. Box 180, Vancouver, WA 98666.

This site contains links to other sites. www.columbian.com is not responsible for the privacy practices or the content of such Web sites. Important: This agreement ensures your privacy when subscribing to an online newsletter or in all other dealings with the Internet department. Information gathered when you subscribe to the print version of The Columbian Publishing Company is not covered by this agreement.

If we decide to change our privacy practices, we will post the changes on this page with an updated effective date.

20. General

These terms of service shall be governed in all respects by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. If any provision of these terms of service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these terms of service and all incorporated agreements may be automatically assigned by The Columbian Publishing Company in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof. 14 (Release), 3 (License), 13 (Access and Interference), 16 (Liability Limit), and 17 (Indemnity) shall survive any termination or expiration of this Agreement.

21. Additional Terms

The following policies are incorporated into these terms of service by reference and provide additional terms and conditions related to specific services offered on 360MPS.COM, 360Marketplaces.com, and 360Preps.com:

22. Changes to Terms of Service

The Columbian Publishing Company reserves the right to change any aspect of these guidelines at its discretion, and will immediately publish changes to the guidelines as soon as they are made.

23. Entire Agreement

These terms and conditions are the entire agreement between the user and The Columbian Publishing Company and supersedes any prior understandings or agreements (written or oral).

How to contact The Columbian Publishing Company

If you have any questions about these terms of service, the practices of our Web sites, or to resolve a dispute, you can contact us:

• By e-mail: webmaster@columbian.com
• By postal mail:
  

  The Columbian Publishing Company
  701 W. 8th Street
  Vancouver, WA 98660